Vietnam: Is the seller allowed to cancel an authenticated e-invoice sent to the buyer if it contains errors?
Vietnam: Is the seller allowed to cancel an authenticated e-invoice sent to the buyer if it contains errors?
Based on Clause 2, Article 19 of Decree 123/2020/ND-CP and Official Dispatch 1952/CTBDU-TTHT in 2023 on this issue:
In case an electronic invoice with a tax authority code, issued according to Decree 123/2020/ND-CP, is sent to the buyer and later found to contain errors, the buyer and seller shall handle the error as specified in Clause 2, Article 19 of Decree 123/2020/ND-CP. If the seller unilaterally cancels the invoice without informing the buyer or without an agreement between the two parties, the invoice is considered illegal, and the buyer is not allowed to declare VAT deduction and include it in reasonable expenses when calculating corporate income tax.
Thus, according to the guidelines of the Binh Duong Provincial Tax Department, in similar cases where an electronic invoice with a tax authority code sent to the buyer contains errors, the buyer and seller must handle the error as specified in Clause 2, Article 19 of Decree 123/2020/ND-CP.
If the seller unilaterally cancels the invoice without informing the buyer or without an agreement between the two parties, the invoice is considered illegal, and the buyer is not allowed to declare VAT deduction and include it in reasonable expenses when calculating corporate income tax.
Vietnam: Is the seller allowed to cancel an authenticated e-invoice containing errors sent to the buyer?
Vietnam: How to handle authenticated e-invoices sent to the buyer containing error?
Based on Clause 2, Article 19 of Decree 123/2020/ND-CP on handling authenticated e-invoices as follows:
Handling invoices with errors
...
2. In case an electronic invoice with a tax authority code or electronic invoice without a tax authority code sent to the buyer is found to contain errors by the buyer or the seller, the handling is as follows:
a) If there is an error in the name or address of the buyer but the tax code and other contents are correct, the seller informs the buyer about the erroneous invoice and does not need to reissue the invoice. The seller notifies the tax authority about the erroneous electronic invoice using Form No. 04/SS-HDDT in Appendix IA issued with this Decree, except for cases where the electronic invoice without a tax authority code containing the errors mentioned above has not been sent to the tax authority.
b) If there is an error in the tax code, the amount recorded on the invoice, the tax rate, the tax amount, or the goods on the invoice are not correctly specified, choose one of the following ways to handle the electronic invoice:
b1) The seller issues an electronic invoice to adjust the erroneous invoice. If the seller and the buyer agree on issuing a written agreement before issuing the electronic adjustment invoice for the erroneous invoice, the seller and the buyer draft a written agreement specifying the errors, then the seller issues an electronic invoice to adjust the erroneous one.
The electronic adjustment invoice for the erroneous electronic invoice must contain the text "Adjustment for Invoice Form No... serial... No... dated...".
b2) The seller issues a new electronic invoice to replace the erroneous electronic invoice, except for cases where the seller and the buyer agree on issuing a written agreement before issuing the replacement invoice for the erroneous one, the seller and the buyer draft a written agreement specifying the errors, then the seller issues a new electronic invoice to replace the erroneous one.
The new replacement electronic invoice must contain the text "Replacing Invoice Form No... serial... No... dated...".
The seller digitally signs the new replacement or adjustment electronic invoice for the erroneous electronic invoice, then sends it to the buyer (for cases using electronic invoices without tax authority code) or sends it to the tax authority for the tax authority to provide a code for the new electronic invoice to send it to the buyer (for cases using electronic invoices with the tax authority code).
c) For the aviation industry, invoices for exchange, refund of air transport documents are considered as adjustment invoices without needing the information "Increase/Decrease Adjustment for Invoice Form No... serial... dated...". Aviation companies are allowed to issue their invoices for cases of exchange, refund of transport documents issued by agents.
Thus, if an electronic invoice with a tax authority code sent to the buyer is found to contain errors, it shall be handled according to the above regulations.
At the same time, in Clause 1, Article 7 of Circular 78/2021/TT-BTC guiding the handling of erroneous invoices as follows:
- In case an issued electronic invoice contains errors that need a new code from the tax authority, or the erroneous electronic invoice needs to be handled by adjustment or replacement according to Article 19 of Decree 123/2020/ND-CP, the seller can choose to use Form No. 04/SS-HDDT in Appendix IA issued with Decree 123/2020/ND-CP to notify the adjustment for each erroneous invoice or notify the adjustment for multiple erroneous electronic invoices and send the notification using Form No. 04/SS-HDDT to the tax authority at any time but no later than the last day of the VAT declaration period in which the electronic adjustment invoice is generated.
What are penalties for using illegal invoices in Vietnam?
Based on Article 28 of Decree 125/2020/ND-CP, providing for administrative sanctions for the act of using illegal invoices as follows:
Sanctioning acts of using illegal invoices, illegal use of invoices
1. Fines from VND 20,000,000 to VND 50,000,000 for the act of using illegal invoices, illegal use of invoices specified in Article 4 of this Decree, except in cases specified at point d, Clause 1 of Article 16 and point d, Clause 1 of Article 17 of this Decree.
2. Measures to remedy the consequences: Compel the cancellation of the used invoices.
Cases of using illegal invoices are subject to fines from VND 20,000,000 to VND 50,000,000.
Note that the above fines are only applicable to violating organizations, and if individuals violate, the fine amount is half of that for organizations.
View the full Official Dispatch 1952/CTBDU-TTHT in 2023 here.
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